TN Mexican and Canadian NAFTA professional workers

ASU may file an H-1B petition on behalf of a prospective employee when a job offer from ASU has been accepted via offer letter.

ASU can sponsor a foreign national for TN status if all of the following requirements are met:

• The foreign national is a citizen of Canada or Mexico.
• The job falls within one of the USMCA professions.
• The foreign national possesses the required education and skills for the USMCA procession.
• The position requires an individual in that professional capacity.

Mexican citizens

Mexican citizens must apply for and obtain a TN visa at a U.S. consulate before being admitted into the U.S. in TN status.

Canadian citizens

Canadian citizens will apply for TN status at pre-flight inspection or a U.S. port of entry. They do not need to obtain a U.S. visa before being admitted into the U.S. in TN status. A Canadian residing in another country with non-Canadian dependents would need a visa to enable the spouse and children to be able to apply for a visa.

The International Students and Scholars Center processes TN requests on behalf of foreign nationals sponsored by ASU, and coordinates the TN process for university staff positions sponsored by ASU, which are then handled by outside legal counsel. Please note: Permanent residents, including Canadian permanent residents, are not eligible to apply to work as TN professionals.

The TN process begins when the ASU sponsoring department submits a complete and accurate TN Request Packet to the ISSC. Please apply here. 

Foreign nationals have two options to obtain TN status:

1. Apply for a TN visa to the U.S. from a U.S. consulate abroad. (Applies only to Mexican citizens; Canadian citizens are visa-exempt).
2. File a TN petition with USCIS if they are in the U.S.

Required documents

Department documents

1. TN request memo.
2. Department support letter.
3. Copy of offer letter.

Beneficiary documents

1. Copy of diploma and transcript for the highest relevant degree.
2. Certification of Translation (if applicable).
3. Copy of an official foreign academic credential evaluation for the highest relevant degree if earned from a foreign university (if applicable).
4. All But Dissertation (ABD) letter (if applicable).
5. Copy of most recent CV.
6. Copy of valid passport identification page.
7. Copy of most recent visa (applies only to Mexican citizens) and most recent entry stamp(s), including entries in TN status (if applicable).
8. Copy of most recent I-94 document.
9. Copy of any previously issued Forms DS-2019/AP-66 and J visas for any time spent in J status (if applicable).
10. Copy of three most recent pay stubs (if applicable).
11. Document certification.

Processing timeline

TN petition requests from inside the U.S. under regular processing generally take USCIS several months to adjudicate.

• Canadian citizens outside the U.S. do NOT need to apply for TN visas at a U.S. consulate or embassy.
• Mexican citizens outside the U.S. are REQUIRED to obtain TN visas at a U.S. consulate or embassy.
  • Prospective TN employees and sponsoring departments should consider the waiting periods for visa interview appointments and visa issuance.

Fees

• Form I-129 TN filing fee: $460.
• Form I-907 premium processing (optional): $2,805 (effective February 26, 2024).
  • Under regular processing, it generally takes three to six months for USCIS to adjudicate TN petitions.
  • If premium processing service is requested, USCIS will expedite the adjudication process and issue a decision on the petition in 15 calendar days.

This option is generally appropriate when the employee is already inside the U.S. and cannot depart and re-enter to begin TN employment. The request should be submitted as soon as possible so that the ISSC can prepare and file the TN petition with USCIS.

A decision can be an approval, request for evidence (RFE) or denial.

USCIS can issue an RFE or deny a petition or application at its discretion when the initial documentation provided is not deemed sufficient for approval. USCIS will issue a receipt notice that confirms the TN petition has been received, which generally takes about one to two weeks.

While the petition is pending, foreign nationals and departments can check the case status using the receipt notice number and view current processing times on the USCIS website.

Let the ISSC (InternationalScholars@asu.edu) know if the employee has plans to travel outside the U.S. while the TN petition is pending. Also notify us if the TN employee has family members who may require a TD extension or change of status. If needed, please include their documents and filing fee check(s) in the TD Request Packet.

This option is most appropriate when the employee is outside the U.S. and will begin TN employment by applying for admission at a U.S. port of entry.

To apply for and facilitate TN entry at a pre-flight inspection location or a U.S. port of entry, employees should bring the following items:

• Application fee (Canadian citizens).
• Valid TN visa in passport (Mexican citizens only; Canadian citizens are visa-exempt).
• Valid passport.
• Proof of Canadian or Mexican citizenship (if employee does not hold a Canadian or Mexican passport).
• Employment offer letter.
• Department support letter.
• Documentation of licensure (if required).
• Evidence of qualifications (such as diploma, transcript, foreign academic credential evaluation if applicable, CV, etc.).
• TD dependent family member admission documents.

The employee must have a valid TN visa from a U.S. consulate to apply for TN admission at pre-flight inspection or a U.S. port of entry. An employee who already has a TN visa that will be valid on the date of arrival in the U.S. does not need to apply for a new TN visa.

To apply for a TN visa, the employee should visit the U.S. Department of State’s embassies and consulates website to view the visa application requirements and to make an appointment for a visa interview. It is best to try to apply at the U.S. embassy or consulate having jurisdiction over the place of residence, although they may apply at any U.S. embassy or consulate worldwide that allows TN visa applications from third-country nationals.

TN visa application requirements vary by consulates and embassies, and the employee should check directly with the specific U.S. consulate or embassy on the requirements for the visa application.

In general, TN visa applications must include:

• DS-160 nonimmigrant visa application confirmation page.
• Visa interview appointment confirmation page.
• Proof of payment of visa fees.
• Passport-style photo(s) that meet DOS nonimmigrant visa photo requirements.
• Valid passport.
• ASU offer letter and department support letter that include:
  • Job description.
  • Anticipated length of employment (duration may not exceed three years).
  • Qualifications needed for the position.
  • Terms of employment (salary, hours, worksite location, etc.).
• Evidence of any applicable licensure requirements for the position.
• Evidence of qualifications (such as diploma, transcript, foreign academic credential evaluation if applicable, CV, etc.).
• Any other documents required by the specific U.S. embassy or consulate.

Foreign nationals are required to have a valid TN visa (stamp on the passport) in order to enter the U.S. If the employee has any family members who will come to the U.S. as dependents, please view the TD outside the U.S. section below.

Foreign nationals are not guaranteed admittance to the U. S. A Customs and Border Protection officer at the port of entry will review all documents and ask about the reason for entry. These officers have the discretion to admit a person in TN status and any family members in TD status or refer them to a more detailed secondary inspection.

When the TN employee is admitted into the U.S., all documents should be returned and an admission date should be placed in the passport with the notation “TN” (worker) or “TD” (dependent) and a date indicating the period of authorized stay in the U.S. It is good practice to access and print the I-94 arrival record on CBP’s I-94 website. The admission stamp and the I-94 printout are proof of admission and legal immigration status in the U.S.

Foreign national employees and their family members should keep copies of their passport identification/expiration pages, visas, admission stamps and I-94 records permanently in case any of these documents are lost or stolen.